USPTO Patents Application 10758818

United States Patent and Trademark Office

Commissioner for Patents
United States Patent and Trademark Office

P. O. Box 1450
Alexandria, VA 22313-1450

www.uspto.gov

THE DIRECTV GROUP INC

PATENT DOCKET ADMINISTRATION RE/R11/A109
P O BOX 956

EL SEGUNDO, CA 90245-0956

In re Application of
Kahn, et al.

Application No. 10/758,818
Filed: January 16, 2004
Attorney Docket No. PD200292

COPY MAILED

JUL 2 0 2007
OFFICE OF PETITIONS

DECISION GRANTING PETITION
UNDER 37 CFR 1.137(b)

This is a decision on the petition, filed May 1, 2007, which is being treated as a petition under 37 CFR
1.137(b) to revive the instant nonprovisional application for failure to timely notify the U.S. Patent and
Trademark (USPTO) of the filing of an application in a foreign country, or under a multinational treaty
that requires publication of applications eighteen months after filing. See 37 CFR 1.137(f).

The petition is GRANTED .

Petitioner states that the instant nonprovisional application is the subject of an application filed in an
eighteen-month publication country on January 17, 2005. However, the USPTO was unintentionally not
notified of this filing within 45 days subsequent to the filing of the subject application in an eighteen-
month publication country.

In view of the above, this application became abandoned pursuant to 35 U.S.C. § 122(b)(2)(B)(iii) and 37
CFR 1.213(c) for failure to timely notify the Office of the filing of an application in a foreign country or
under a multilateral international agreement that requires publication of applications 18 months after
filing.

A petition to revive an application abandoned pursuant to 35 U.S.C. 122(b)(2)(B)(iii) for failure to notify
the USPTO of a foreign filing must be accompanied by:

(1) the required reply which is met by the notification of such filing in a foreign country
or under a multinational treaty;

(2) the petition fee as set forth in 37 CFR 1.17(m); and

(3) a statement that the entire delay in filing the required reply from the due date of the
reply until the filing of a grantable petition was unintentional.

In re Application ofKahn, et al
10/758,818

Page 2

The instant petition has been found to be in compliance with 37 CFR 1.137(b). Accordingly, the failure
to timely notify the USPTO of a foreign or international filing within 45 days after the date of filing of
such foreign or international application as provided by 35 U.S.C. § 122(b)(2)(B)(iii) and 37 CFR
1.213(c) is accepted as having been unintentionally delayed.

The previous Request and Certification under 35 U.S.C. § 122(b)(2)(B)(i) has been rescinded. A Notice
Regarding Rescission of Nonpublication Request which sets forth the projected publication date of
accompanies this decision on petition.

Telephone inquiries concerning this decision should be directed to the undersigned at (571) 272-3222.
This application is being forwarded to Technology Center Art Unit 2100 for examination in due course.

Kenya A. McLaughlin
Petitions Attorney
Office of Petition

ATTACHMENT: Notice Regarding Rescission of Nonpublication Request

Page 1 of 1

UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office

Addrew: COMMISSIONER FOR PATENTS
P.O. Box 1450

Alexandria, Virginia 22313-1450
www.uspto.gov

APPLICATION NUMBER | FILING/RECEIPT DATE | FIRST NAMED APPLICANT | ATT Y. DOCKET NO. ]

10/758,818 01/16/2004 Raynold M. Kahn "~ PD-200292

CONFIRMATION NO. 6585

20991

THE DIRECTV GROUP INC

PATENT DOCKET ADMINISTRATION RE/R11/A109
P O BOX 956

EL SEGUNDO, CA 90245-0956

United States Patent and Trademark Office

Date Mailed: 07/19/2007

Communication Regarding Rescission Of Nonpublication Request and/or Notice of

Foreign Filing

Applicant's rescission of the previously -filed nonpublication request and/or notice of foreign filing is
acknowledged. The paper has been reflected in the Patent and Trademark Office's (USPTO's) computer
records so that the earliest possible projected publication date can be assigned.

The projected publication date is 10/25/2007.

If applicant rescinded the nonpublication request before or on the date of "foreign filing/' 1 then no notice
of foreign filing is required.

If applicant foreign filed the application after filing the above application and before filing the
rescission, and the rescission did not also include a notice of foreign filing, then a notice of foreign filing
(not merely a rescission) is required to be filed within 45 days of the date of foreign filing. See 35
U.S.C. § 122(b)(2)(B)(iii), and Clarification of the United States Patent and Trademark Office's
Interpretation of the Provisions of 35 U.S.C. § 122(b)(2)(B)(ii)-(iv) ? 1272 Off. Gaz. Pat. Office 22 (July
1, 2003).

If a notice of foreign filing is required and is not filed within 45 days of the date of foreign filing, then
the application becomes abandoned pursuant to 35 U.S.C. § 122(b)(2)(B)(iii). In this situation, applicant
should either file a petition to revive or notify the Office that the application is abandoned. See 37 CFR
1.137(f). Any such petition to revive will be forwarded to the Office of Petitions for a decision. Note
that the filing of the petition will not operate to stay any period of reply that may be running against the
application.

Questions regarding petitions to revive should be directed to the Office of Petitions at (571) 272-3282.
Questions regarding publications of patent applications should be directed to the patent application
publication hotline at (703) 605-4283 or by e-mail pgpub@uspto.gov.

1 Note, for purpose of this notice, that "foreign filing" means "filing an application directed to the same invention in another
country, or under a multilateral international agreement, that requires publication of applications 18 months after filing".

PART 1 - ATTORNEY/APPLICANT COPY